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India Court Rejects Gay Marriage Pleas, Leaves To Parliament

Activists urge Indian Government to recognize rights under Special Marriages Act

  • The Supreme Court of India declined to legalize same-sex marriage, leaving the decision to the country's parliament. The court decision followed the stance of the Bharatiya Janata Party government, which opposed petitions for the recognition of same-sex marriage.
  • The government has agreed to form a committee to address the concerns of same-sex couples, including legal protection and financial rights. The remit of this committee does not include deliberations on same-sex marriage as it requires consensus amongst all religious groups.
  • Indian LGBTQ activists express frustration at the prolonged process and the lack of legal support for simple rights such as medical consent, pensions, adoption, and even club memberships for couples.
  • The Indian government received opposition from activists for not considering their demand to amend India’s Special Marriages Act for the inclusion of same-sex marriage. They called for recognition of the term “spouse” as gender-neutral and equal benefits as heterosexual couples.
  • The U.S. State Department has stated its concern and is closely monitoring India's next steps. It encourages the Indian government to provide equal legal protection to same-sex couples, emphasizing the importance of marriage equality globally.
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